Estate of Michael J. Thomas - Page 14




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          estate tax return by turning the matter over to his attorney.               
          Id.  As the Court held:                                                     

               It requires no special training or effort to ascertain                 
               a deadline and make sure that it is met.  The failure                  
               to make a timely filing of a tax return is not excused                 
               by the taxpayer's reliance on an agent, and such                       
               reliance is not "reasonable cause" for a late filing                   
               under section 6651(a)(1).  * * *                                       


          Id. at 252.                                                                 

               Here, the estate argues that the executrix failed to file              
          the estate tax return timely because she reasonably relied on the           
          advice of an attorney and a CPA and that, as a matter of law, the           
          return could not be filed until a determination was made as to              
          all assets of decedent's estate.  However, the estate failed to             
          establish that the executrix received any advice from Mr. Ellis             
          or Mr. McCoy about delaying the filing of the estate tax return,            
          either prior or subsequent to the due date for such return.5                

               5    The estate argues that the executrix also received and            
          relied upon similar advice from her daughter, Christina M. Thomas           
          (Tina Thomas), who is an attorney.  However, Tina Thomas did not            
          become licensed to practice law until July 1986, 5 months after             
          the death of decedent and 4 months prior to the due date of the             
          estate tax return.  Moreover, Tina Thomas's area of legal                   
          specialty is energy law rather than decedents' estates or Federal           
          tax law.  During law school, Tina Thomas did take a class in                
          Federal income tax law but did not take a class in Federal estate           
          and gift tax law.  The Court finds that, during the years in                
          question, Tina Thomas was not a professional in the area of                 
          Federal estate tax law upon whose advice regarding such matters             
          the executrix could have reasonably relied.  See, e.g., Sanders             
                                                             (continued...)           





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